- 1 - HC-KAR NC: 2025:KHC:33930 CRL.P No. 9899 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 9899 OF 2025 BETWEEN: 1. SRI. AJIT KUMAR AGARWAL S/O. BABULAL AGARWAL, AGED ABOUT 32 YEARS, RESIDING AT 202, SILKEEN APARTMENT, ANUGRAHA LAYOUT, BTM 2ND STAGE, BENGALURU - 560 076. 2. SRI. BABULAL AGARWAL AGED ABOUT 62 YEARS, RESIDING AT NO.166, GIRIDHARA PURA, AJMEER ROAD, JAIPUR, RAJASTHAN - 302 024. …PETITIONERS (BY SRI. RAKESH S N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BEGURU POLICE STATION, REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SMT. NIDHI KAKANI, W/O. AJIT AGARWAL, AGED ABOUT 30 YEARS, RESIDING AT FLAT F-9, PRABHAVATHI WINDSOR SOCIETY, Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33930 CRL.P No. 9899 of 2025 DEVARACHIKKANAHALLI, BTM 4TH STAGE, BENGALURU - 560 076. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. NARAYAN BABU, D.N., ADVOCATE) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE CRIMINAL CASE BEARING C.C.NO.35743/2024 REGISTERED AGAINST THE PETITIONER NO.1 AND 2 ARISING OUT OF FIR NO.172/2024 AND SUBSEQUENT CHARGE SHEET FILED BY RESPONDENT NO.1/BEGURU POLICE STATION, PENDING BEFORE THE HON'BLE 9TH ACJM, BENGALURU FOR THE OFFENCE P/US/ 498- A, 34 OF IPC PRODUCED AT ANNEXURE A, B, AND C. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by husband and father-in-law seeking quashing of the proceedings pending in C.C.No.35743/2024 arising out of FIR No. 172 Act 2024. 2. Today, the matter is moved by both parties with a joint request to quash the proceedings in view of the settlement recorded before the Mediation Centre. Respondent No.2/complainant is present before this Court and, on being specifically queried, she has unequivocally - 3 - HC-KAR NC: 2025:KHC:33930 CRL.P No. 9899 of 2025 acknowledged that the matrimonial dispute with her husband has been amicably settled before the Mediation Centre. She further confirms that, in terms of settlement, she has received the balance amount of Rs.3,00,000/- (Rupees Three Lakhs only) through a demand draft, which fact is duly reflected in the joint memo filed before this Court. 3. In view of the amicable settlement, the Mediation Centre has issued a memorandum of settlement under Section 89 of CPC. The settlement records that both husband and wife have agreed to part ways and have also initiated proceedings for dissolution of marriage in M.C. No. 3759/2024. Since accused No.1/husband and respondent No.2/wife have resolved their matrimonial discord and the wife has voluntarily expressed her willingness to withdraw the allegations, the continuance of the criminal proceedings would serve no fruitful purpose. - 4 - HC-KAR NC: 2025:KHC:33930 CRL.P No. 9899 of 2025 4. It is well-settled that the offence punishable under Section 498A IPC is non-compoundable within the meaning of Section 320 Cr.P.C. However, in cases where the matrimonial dispute stands resolved and the parties have chosen to separate, the inherent jurisdiction of this Court under Section 482 Cr.P.C. can be invoked to prevent abuse of process of law and to secure the ends of justice. In the present case, since the substratum of the allegations no longer survives in view of the settlement and the agreed dissolution of marriage, the continuation of criminal proceedings would amount to sheer abuse of process. This Court, therefore, finds it a fit case to exercise its extraordinary jurisdiction under Section 482 Cr.P.C. to quash the proceedings. 5. Accordingly, this Court proceeds to pass the following: ORDER (i) The petition is allowed. - 5 - HC-KAR NC: 2025:KHC:33930 CRL.P No. 9899 of 2025 (ii) The proceedings pending in C.C. No. 35743/2024 (arising out of FIR No.172/2024) and the consequent charge sheet filed by Respondent No.1/Beguru Police Station, pending before the Court of the 9th Additional Chief Judicial Magistrate, Bengaluru, against the petitioners, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 3 Sl No.: 21